2011-3392011-339
Resolution Authorizing the Settlement of Tax Certiorari Proceeding Regarding Riverbend
at Wappingers Falls, LLC
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on October
24, 2011.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Joseph P. Paoloni
The following Resolution was introduced by Councilwoman Czrniecki and seconded by
Councilman Beale.
WHEREAS, there is now pending in the Dutchess County Supreme Court a tax certiorari
proceeding commenced in 2010 by Riverbend at Wappinger Falls, LLC, regarding premises
located at Marshall Road, Grid # 6158-19-721014, seeking a reduction in the 2010 tax
assessment for the 2010/2011 assessment; and
WHEREAS, the owners of the above mentioned parcel have agreed to withdraw the
petition requesting a reduction in said tax roll reduction; and
WHEREAS, the Town Assessor and Special Counsel have recommend a settlement of
this tax review proceeding;
NOW THEREFORE BE IT RESOLVED, that the Town Board of the Town of
Wappinger hereby approves a settlement on behalf of the Town of Wappinger of the tax review
proceeding for the year 2010/2011, as it pertains to Grid No.: 6158-19-721014.
Original Reduction in Final
Tax Year
Assessment
Assessment
Assessment
2010/2011
16,000,000
-0-
16,000,000
BE IT FURTHER RESOLVED, that the Town Supervisor, Town Assessor and Gellert
& Klein, P.C. Special Counsel to the Town of Wappinger hereby authorize to take all action
necessary and appropriate to effectuate the terms of this resolution.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR
Voting:
AYE
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
ISMAY CZARNIECKI, COUNCILWOMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
Dated: Wappingers Falls, New York
10/24/2011
The Resolution is hereby duly declared adopted.
CHRISTINE FULTON, DEPUTY TOWN CLERK
Leonard Klein
Arthur L. Gellert
John A. Geoghegan
Lillian S. Weigert
Scott I_Vol kman
David R. Wise"
Roderick J. MacLeod
Bevin S. Harrington
Kelly L. Traver"
Robert E. Noe
Pamela R. Richardson'
Elizabeth M. Corrado
Gellert &
Attorneys at Law
Kleiap.c.
75 Washington Street - Poughkeepsie, NY 12601
(845) 454-3250
(845)454-4652 fax
Westchester County Office
Columbia County Office
.3010 Westchester Avenue Suite 302
2210 Route 7
Purchase, NY 10577
Copake, NY 12516
(914) 249-0100
(518) 329-1533 tel/fax
(914) 249-0111 fax
Town Board
Town of Wappinger
20 Middlebush Road
Wappingers Falls, NY 12590
www.gklaw.us
September 30, 2011
Re: Riverbend at Wappingers Falls LLC.
Town of Wappinger
Grid No.: 6158-19-721014
Our File No.: 27036.9329
Dear Supervisor Gutzler and Town Board Members:
Counsel
Stephen E. Ehlers
S. Nina Gellert
Raina E. Ma sselO
Justice George D. Marlow
Appellate Division (Ret.)
Senator Stephen M. Saland
Robert C. Vincent, Jr.
Joseph H. Gellert
(1907-1989)
`Also Admitted in CT
'A!so Admitted in NJ
9Also Admitted in England
RECEIVE
OCT 1.7 2011
TOWN OF WAPPINGER
s TOWN CLERK
Please be advised that the above referenced proceeding is a Tax Certiorari matter for tax
year 2010. This property is owned by Riverbend at Wappingers Falls LLC located on Marshall
Road which is improved by 124 units on 21.55 acres. The Petitioner has agreed to discontinue
this proceeding in exchange for a reduction agreed to on the 2011 roll.
Since there is no reduction in assessment, there is no refund liability.
I enclose herewith a resolution for your consideration at the neat available Town Board
meeting.
SLV/br
Enc.
cc: Christian Harkins, Assessor
Christopher Masterson, Town Clerk
Daniel Petigrow, Esq,
Joseph McGowan, Esq,
Very truly yours,
GELLE KLEIN, ..C.
BY:
OTT L. VOLKMAN
FAUSER\clients\W\1A1appinger - Towu\Tax Certs\Riverbend (a; Wappingers Falls\9-30-11 Itr to Town Board w settlement docs.wpd